I am 15 in the state of Texas I am aware of the emancipation requirements and procedures for my state but am seeking advice on wether or not my reasons and resources are credible. My father was involved in a mva ( motor vehicle accident ) approximately 4 years ago and has been taking narcotic pain killers ever since which have made an extreme impact on his personality and temper. he has only hit ( slapped ) me once, but he is extremely verbally abusive toward me and my mother. I also have a teacher ( my aunt ) who is willing to testify in front of a judge that his behavior has effected my ability to function to my potential in school. I am having trouble living in a family where my father yells at my mother and me constantly and his doctor had given him an anti-depressant which he refuses to take he brings them home and throws them away. I have an annuity set aside for me from the insurance company he sued, but i cannot touch it until im 18, can i sue him in place of the annuity for mental anguish? and is that a form of dependent income?

I am 15 in the state of Texas I am aware of the emancipation requirements and procedures for my state but am seeking advice on wether or not my reasons and resources are credible. My father was involved in a mva ( motor vehicle accident ) approximately 4 years ago and has been taking narcotic pain killers ever since which have made an extreme impact on his personality and temper. he has only hit ( slapped ) me once, but he is extremely verbally abusive toward me and my mother. I also have a teacher ( my aunt ) who is willing to testify in front of a judge that his behavior has effected my ability to function to my potential in school. I am having trouble living in a family where my father yells at my mother and me constantly and his doctor had given him an anti-depressant which he refuses to take he brings them home and throws them away. I have an annuity set aside for me from the insurance company he sued, but i cannot touch it until im 18, can i sue him in place of the annuity for mental anguish? and is that a form of dependent income?
As you are 15, I would be very suprised if the court allowed for you to be emancipated. I think a more reasonable solution is for a relative to petition to have guardianship of you.

As to the annuity, my advice is to ask an attorney if it would be considered a form of dependent income and if it is even possible to sue for the annuity. As it is in trust, I don't believe that you can do that, but I am not an attorney and cannot answer that question definitively. Sorry.

Thank You! I think I might contact an attorney in regards to my situation.

You must be at least 16 years of age to petition to have the disabilities of minority removed in Texas. That's what emancipation is called in TX.

hi i already contacted an attorny and although i cant hire an attorney myself because the disability of minority hasnt yet been removed my mom and my dads sister ( my aunt ) are assisting me. one of my teachers husband ( and my friends dad ) is a state judge and he also has been very helpful. i am currently living with my aunt. thanx for the reply

hi i already contacted an attorny and although i cant hire an attorney myself because the disability of minority hasnt yet been removed my mom and my dads sister ( my aunt ) are assisting me. one of my teachers husband ( and my friends dad ) is a state judge and he also has been very helpful. i am currently living with my aunt. thanx for the reply

The chances of being granted emancipation status are slim to none. When an emancipation IS approved, it is because the minor has demonstrated a high level of maturity and responsibility. The #1 way to prove that you have these qualities to a judge is by being able to be self-sufficient through hard WORK and determination. Not by having a trust fund.

You have a better chance of being allowed to live with your mother.

Dually noted thanks. my mother and father live together living with my mother is living with my father also. As previously stated i have a state judge assisting me and so as long as i can get the proper paper work and make sure i can fast track it through his office everything should work out. thanks for the reply.

Dually noted thanks. my mother and father live together living with my mother is living with my father also. As previously stated i have a state judge assisting me and so as long as i can get the proper paper work and make sure i can fast track it through his office everything should work out. thanks for the reply.

And you do realize that if the judge is "assisting" you, that this case CANNOT be heard in that judge's courtroom don't you? A judge can and many times is removed from the bench for participating in ex parte communications with individuals that have a case pending in their court. If there is no pending case at this time, if the case in question shows up on his docket he is REQUIRED to recuse himself and have the case reassigned to a different judge.

If your cases isn't dismissed due to the fact that you do not meet the age requirements, your dad can contest the petition. If that happens, there is no way that the outcome will be a GOOD one.

You would need your mother's testimony to cooberate the claims you are making against your father. If your mother DOES testify about the abuse by your father, she will be making herself just as culpable as your father because she has a duty to protect you, her minor child, from being abused. And helping the child to move out on their own doesn't count.

You do not meet the requirements to be emancipated. You may be able to convince the judge that you should be removed from your father's home. But, that would mean you would become a ward of the state and put into foster care or that your mother will have to grow up and start doing her job as a parent.

If you want to be emancipated, you HAVE to get a job. Also, when do you turn 16?